William O. Douglas Quotes
The First Amendment does not select any one group or any one type of religion for preferred treatment.
William O. Douglas, 1898-1980, U.S. Supreme Court Justice, Chairman, Security & Exchange Commission, United States v. Ballard, 1944
Sourced by: Eigen's Political and Historical Quotations
This is a critical quotation on the government establishment of religion issue. There are a few people who have argued over the years that the Founding Fathers and their culture was religious and where they were careful to avoid favoring one religion over another, they did NOT intend to put atheism on the same equal plane as religion as far as government action is concerned. However, some of the Founding Fathers were atheists, and some others like John Adams were deists—they believed in a God but not in the Trinity or in Judaism or any organized religion. So this quotation makes it clear that the First Amendment does NOT favor religion over non religion or secularism. Atheism must be on an equal footing but not on a higher plane.
Opponents of the strict separation of church and state use this quotation to support their view. However, Story herein describes public sentiment, not what was passed and ratified in the Constitution and Bill of Rights. See {614309} and {614310} for his statements from the same work that show that there was no question in his mind but that church and state are separated by the Constitution and the First Amendment.
While this principle is very clear to us today, and was to the people who originally ratified The Constitution, there were many attempts by Christian groups to establish a privileged position for Christianity. For example, for years the Sunday Sabbath was legally enforced by unconstitutional Blue Laws that prohibited businesses from operating on the Christian Sabbath and prohibited activities that compete with Sunday church attendance. Supreme Court Justice Story even argued that the First Amendment allowed Christian religious supremacy and Cooley wrote this to refute Story’s now discredited doctrine.
The then current example was with same sex marriage. Some people who claimed that their religion declared same sex marriage as a sin and prohibited their aiding and abetting that activity. As a result, they claimed that their right of religious freedom allowed a county clerk to refuse to issue the marriage license or a hotel to refuse to allow a gay couple to rent their facility for a wedding, or a retail store to refuse to sell the couple bedding.
Kennedy was being hurt be fears that as a Catholic, he would be beholden to the Pope and the Catholic Bishops. There were many protestants who believed that the Catholic Church was antithetical to democracy and some who even believed that Catholicism was the religion of Satan. Kennedy decided to confront the issue head on.
William Orville Douglas was an American jurist and politician who served as an associate justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40, one of the youngest justices appointed to the court. His term, lasting 36 years and 211 days (1939–75), is the longest in the history of the Supreme Court. In 1975, Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court."
